City commission

Mayor Edward Burch called the regular meeting of the City Commission to order at 7:35 p.m. Present: Commissioner Terry Harper, Tom Hogenson, and Dan Rothstein; Mayor Edward Burch; City Manager Steve Sobers; and City Attorney Eric D. Williams. Absent: Commissioner Peggy Brennan There were 19 persons in the audience. Pledge of Allegiance. The agenda was approved as revised to include the addition of a Proclamation for the Voca Lyrica and the submission of a revised Notice of Intent resolution. The minutes of the June 4, 2007, meeting were approved as revised as follows. It was Commissioner Brennan who requested updates on the status of Affordable Cab, not Commissioner Harper. Approval of Library and Park and Recreation Bills. Commissioner Harper moved, seconded by Commissioner Hogenson that the Park and Recreation and Library bills be approved. Bradley, Diann Yeas: Harper, Hogenson, Rothstein, Burch
Nays: None
SPECIAL ORDERS OF THE DAY
Sara Staffen and Caitlin Brockette were presented checks as the 2007 recipients for the Big Rapids
Employee’s Fund Scholarship.
A proclamation was presented to the Voca Lyrica in honor of their tour to Australia and New Zeeland.
PROCLAMATION OF RECOGNITION
WHEREAS, the City of Big Rapids has gained a reputation for excellence in the arts including downtown concerts, summer band shell performances, Art Works retail outlet, Stage-M theater, local high school programming and more, and WHEREAS, Voca Lyrica, directed by Virginia Kerwin, is renown for its women’s vocal music, having performed locally, in the State of Michigan, across the United States (in Carnegie Hall in New York City), and now preparing to sing to the world, and WHEREAS, Voca Lyrica is on the advent of a tour of Australia and New Zealand, highlighted by a performance at the famed Sidney Opera House, on July 3, 2007. NOW THEREFORE, the Commission of the City of Big Rapids, in proud recognition of efforts and excellence of the women of Voca Lyrica, hereby proclaims the members of Voca Lyrica to be Goodwill Ambassadors from Big Rapids to the people of Australia and New Zealand, bringing them joy in music and peace in song.
PUBLIC COMMENT NOT RELATED TO ITEMS ON THE AGENDA
Florence Froelich, 519 Linden Street, spoke to the following:
¾ The selling of jet fuel at the airport – she would like people to be conscious of our resources and saving those resources for our children and grandchildren. ¾ Concerns regarding a windsock at 303 S. Michigan Avenue. She had previously expressed concerns about a windsock attached to a front porch that she considered to be too close to some torches also located on the porch. She had Public Safety check it and they reported there was no danger. Since that time, however, the windsock has been moved to a safer location. ¾ The Garden Club will be receiving State and National recognition, which will be revealed in the
Mary Ryan, 327 S. Stewart Avenue, reminded the Commission and audience of the Library benefit at the
Sawmill Saturday June 23rd from 3:00 p.m. until it ends. The proceeds go to the Library Building Fund.
RESOLUTION NO. 07-66
Commissioner Rothstein moved, seconded by Commissioner Harper, the adoption of the following: RESOLUTION AUTHORIZING PERMANENT TRAFFIC CONTROL ORDER NO. 466
MAKING MORRISON AVENUE ONE-WAY WESTBOUND
BETWEEN STATE STREET AND CLARK STREET
WHEREAS, on May 1, 2006 the City Commission adopted Resolution No. 06-53 making a portion of Morrison one-way for a one-year trial period, and WHEREAS, staff has reviewed the effects of this traffic change and recommends its continuation, WHEREAS, in accordance with the provisions of Act 32, Public Acts of 1956, Section 2.53, the Department of Public Safety has made the following Traffic Control Order. Morrison Street shall become a one-way street allowing westbound traffic only between State Street and Clark Street. Yeas: Harper, Hogenson, Rothstein, Burch Nays: None The Mayor declared the resolution adopted. Dated: June 18, 2007 Commissioner Hogenson stated that he would like to see the lighting at that corner of S. State Street and
Morrison reviewed. It is difficult to see pedestrians in the dark. Mary Ryan requested if signage could be
improved with the addition of one-way arrow signs.
RESOLUTION NO. 07-67
Commissioner Harper moved, seconded by Commissioner Hogenson, the adoption of the following: RESOLUTION AUTHORIZING TRAFFIC CONTROL NO. 467 –
PARKING ON DAMASCUS
WHEREAS, on June 5, 2006 the City Commission passed Resolution No. 06-74 adopting temporary Traffic Control Order 459, and WHEREAS, this temporary Traffic Control Order was in effective from August 1, 2006 to August WHEREAS, the Director of Public Safety has been requested to review temporary Traffic Control Order 459 and replace all “No Parking” signs as outlined in numbers 1 - 6 of the Order, and WHEREAS, it has been requested that the parking restrictions removed from Damascus Street during this Temporary Traffic Control Order remain open for parking. NOW THEREFORE BE IT RESOLVED, in accordance with the provisions of Act 32, Public Acts of 1956, Section 2.53, the City Commission adopts the following permanent Traffic Control Order as recommended by the Department of Public Safety. Remove “No Parking” signage and allow parking on the North side of Damascus Street. Yeas: Harper, Hogenson, Rothstein, Burch Nays: None The Mayor declared the resolution adopted. Dated: June 18, 2007 RESOLUTION NO. 07-68
NOTICE OF INTENT RESOLUTION
SEWAGE DISPOSAL SYSTEM REVENUE BONDS
Minutes of a regular meeting of the City Commission of the City of Big Rapids, County of Mecosta, State of Michigan held on the 18th day of June, 2007, at 7:30 o’clock p.m. Eastern Daylight Time. PRESENT: Commissioners Harper, Hogenson, Rothstein; Mayor Edward Burch The following preamble and resolution were offered by Commissioner Rothstein and supported by Commissioner Hogenson: WHEREAS, the City of Big Rapids, County of Mecosta, State of Michigan (the “City”) intends to issue and sell revenue bonds (the "Revenue Bonds"), pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in one or more series, in an amount not to exceed Eight Million Dollars ($8,000,000) for the purpose of paying all or part of the cost of acquiring, constructing, furnishing and equipping additions and improvements to the City's Sewage Disposal System, together with all necessary appurtenances and attachments (the “Project ”); and WHEREAS, the City has been advised by the Michigan Department of Environmental Quality (“MDEQ”) that financial assistance to accomplish the acquisition and construction of the Project is available through the State Revolving Fund (“SRF ”) Loan Program administered by the Michigan Municipal Bond Authority (the “MMBA”); and WHEREAS, a notice of intent to issue bonds must be published before the issuance of the Revenue Bonds in order to comply with the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended; and WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the bonds for any expenditures undertaken by the City for the Project prior to issuance of the bonds. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in The Pioneer, a newspaper of general circulation in the City. 2. The notice of intent shall be published as a one-quarter (1/4) page display advertisement in AND OF RIGHT OF REFERENDUM RELATING THERETO PLEASE TAKE NOTICE that the City Commission of the City of Big Rapids, Mecosta County, Michigan, intends to issue and sell Revenue Bonds, pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in an amount not to exceed Eight Million Dollars ($8,000,000) for the purpose of paying all or part of the cost of acquiring, constructing, furnishing and equipping additions and improvements to the City's Sewage Disposal System, together with all necessary appurtenances and attachments. The bonds will mature in annual installments not to exceed twenty-five (25) in number, with interest rates to be determined at public sale or negotiated sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on the bonds. The bonds may be issued in one or more series as shall be determined by the City Commission. THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLE solely from the revenues received by the City from the operations of the sewage disposal system except as provided below in the case of bonds sold to the Michigan Municipal Bond Authority in connection with the State of Michigan’s State Revolving Fund program. The revenues will consist of rates and charges billed to the users of the system, a schedule of which is presently on file in the office of the City Clerk. The rates and charges may from time to time be revised to provide sufficient revenues to provide for the expenses of operating and maintaining the system, to pay the principal of and interest on the bonds and to pay other obligations of the system. ADDITIONAL SOURCES OF PAYMENTS IN THE EVENT BONDS ARE SOLD TO MICHIGAN MUNICIPAL BOND AUTHORITY IN THE EVENT THAT THE CITY DEEMS IT DESIRABLE TO SELL THE REVENUE BONDS TO THE MICHIGAN MUNICIPAL BOND AUTHORITY, THE CITY MAY PLEDGE ITS LIMITED TAX FULL FAITH AND CREDIT AS SECURITY FOR THE REVENUE BONDS, IN WHICH EVENT DEBT SERVICE ON THE BONDS SHALL BE PAYABLE EITHER FROM REVENUES OF THE SYSTEM OR FROM AD VALOREM TAXES THAT MAY BE LEVIED ON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT HOWEVER, TO CONSTITUTIONAL, STATUTORY AND CHARTER TAX RATE LIMITATIONS. THE CITY MAY ALSO PLEDGE FOR THE PAYMENT OF THE BONDS MONEY RECEIVED OR TO BE RECEIVED BY THE CITY DERIVED FROM IMPOSITION OF TAXES BY THE STATE AND RETURNED OR TO BE RETURNED TO THE CITY AS PROVIDED BY LAW, except for money the use of which is prohibited for such purposes by the State Constitution. The City may enter into an agreement providing for the payment of taxes, which taxes are collected by the State and returned to the City as provided by law, to the authority or a trustee, and such funds may be pledged for the payment of the revenue bonds. THE REVENUE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON. THIS NOTICE is given pursuant to the requirements of Section 33, Act 94, Public Acts of Michigan, 1933, as amended. The City Commission does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the sewage disposal system’s users and the City’s taxpayers and electors of this Council’s intent to issue the bonds, the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed. 4. The City Manager, Clerk and Treasurer are further authorized to execute and deliver such applications, documents or certificates with the MDEQ, the MMBA or other entities as may be necessary or advisable to enable the City to issue and sell the Revenue Bonds as contemplated herein and to meet its obligations under SRF Loan Program. 5. The City recognizes that Miller, Canfield, Paddock and Stone, P.L.C., has represented from time to time, and currently represents the Michigan Municipal Bond Authority, underwriting firms, financial institutions, and other potential participants in the bond financing process for unrelated projects, any of which might offer to purchase the Revenue Bonds or to act as Transfer Agent for the Revenue Bonds. The City appoints Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel for this issue, notwithstanding the potential concurrent representation of any such bidder regarding any unrelated matter, or the potential concurrent representation of the Michigan Municipal Bond Authority with respect to issuance of bonds which the Michigan Municipal Bond Authority might issue to finance purchase of the City’s Revenue Bonds. 6. The City appoints Raymond James & Associates, Inc. as financial advisor for the issuance of the The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended: As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City. The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof. The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $8,000,000. A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution. The expenditures described in (b) above are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid). No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas. Reg. § 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Commissioners Harper, Hogenson, Rothstein, Burch NAYS: None RESOLUTION DECLARED ADOPTED. ___________________________________ City Clerk I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City
Commission of the City of Big Rapids, County of Mecosta, State of Michigan, at a regular meeting held on
June 18, 2007, and that the meeting was conducted and public notice of the meeting was given pursuant
to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and
that the minutes of the meeting were kept and will be or have been made available as required by the Act.
___________________________________
City Clerk
ORDINANCE NO. 581-06-07
Commissioner Harper moved, seconded by Commissioner Hogenson, the adoption of the following: ORDINANCE ADOPTING NEW SANITATION RATES
The City of Big Rapids Ordains: Section 1. Title V, Section 50.12 is hereby amended and the sanitation rates for the City of Big Rapids are established according to the following schedule: Section 2. SCHEDULE OF SANITATION RATES – Effective August 1, 2007. August 1, 2007
Cubic Yards
Frequency
Residential
Commercial
Customers can be charged an additional 4 per yard
r garbage
exceeding the capacity of the container.
After 30 days, if special project roll offs have not been moved, there will be
a rental charge of $50.00 per week.
One yard waste charge per re
sidential
erty lot.
This Ordinance shall be effective on August 1, 2007. The City Clerk is directed to publish this Ordinance in the Pioneer. Yeas: Harper, Hogenson, Rothstein, Burch Nays: None The Mayor declared the Ordinance adopted. Dated: Ju Published: June 26, 2007
RESOLUTION NO. 07-69
stein m ved, seconded by Commissioner Harper, the adoption of the following: RESOLUTION ADOPTING CIVIL RIGHTS POLICY
discrimination laws, both state and federal, in designing Community Development Block Grant (CDBG) WHEREAS, these laws were established to ensure that members of protected groups are not ed from participation, denied benefit of, or subjected to discrimination under any program su ported in whole or in part with State CDBG funds, and rements asso ated with federal grant monies, the City has summarized the requirements in policy form. EFORE, BE IT RESOLV D, that the City Commission hereby adopts the following Civil Rights Policy and hereby directs it to be incorporated in the City’s Policy Book. Yeas: Harper, Hogenson, Rothstein, Burch Nays: None The Mayor declared the resolution adopted. Dated: June 18, 2007 RESOLUTION NO. 07-
ded by Commissioner Hogenson, the adoption of the following: RESOLUTION APPROVING WORK ORDER AGREEMENT
WITH CONSUMERS ENERGY FOR PRIMARY
ELECTRIC SERVICE TO BANDSHELL
WHEREAS, the Riverwalk Bandshell was constructed cultural/recreational enjoyment of area residents, and ectricity to the Bandshell will enhance the tric service to the Bandshell, Consumers Energy must put in the primary service line is $9,970, with an additional cost of 1,500 to bury the service line, which will be taken out of the park maintenance budget. NOW, THEREFORE, BE IT RESOLVED, that the City Commission he by accepts recommendation to approve the work order agreement with Consumers Energy. BE IT FURTHER RESOLVED, that the cost be expensed from Accoun Yeas: Harper, Hogenson, Rothstein, Burch
Nays: None
The Mayor declared the resolution adopted.
Dated: June 18, 2007
UNSCHEDULED BUSINESS
Commissioner Hogenson
e meeting of the committee to address the Big Rapids Property are still matters that the BRPOA members need to take up with staff pertaining to regulatory items. The intent of the appointed Committee is to allow discussion and an opportunity to clarify issues as to what the community can and cannot live with. Its purpose is not a committee to supersede the City Commission. Commissioner Harper confirmed that the committee is going to make recommendations to the City d an invitation to the City Commissioners to attend. The final decision is with the Commissioner Rothstein referenced the June 15th City Manager’s newsletter pertaining to costs of the two cold cases. In his opinion, the solving of the cases outweighs the costs of either case. Mayor Burch stated that he would like something done regarding the remo Florence Froelich expressed concern regarding the heavy traffic on River Street created by the Ice trucks. She does not feel that the trucks are compatible with R-1 Streets. Sue Glatz stated that usiness to come before the Commission, the Mayor declared the meeting _ * * * * * * * * * * _______________________

Source: http://www.ci.big-rapids.mi.us/minutes/Commission/2007/2007-06-18.pdf